The Sun. — London, England, 1838-03-26 00:00:00

I I of the British Iron Company. Thirdly, the holder of 300 Shares in that Company—value 30,0001. probably at prime cost. F ourt hl y, the superintending and managing Director. Fifthly, the Agent of the Company, emphatically with regard to this business, at a salary of 2,0001. a year, with a liberal allowance of 6001. for expenses. Could any parties then be More clearly identified then the Company, and Philip Taylor? It was coneeivrible, indeed, that P. Taylor might have abandoned the interest in which he bad so deep a stake, and become connected with the opposite interest. But hitherto he and the Company had clearly interests in common, and it was incumbent upon those who wished to sever him from the Company--who would divide him from the buyer, and connect him with the seller—to make the proof of this separation as clear as daylight, otherwise all the pre sumptions in the case were distinctly against them. P. Tay lor then had several communications with Attwood, the sub stance of which was condensed into the P. T. I paper, as it was called, which lay very near the foundation of the case, and Which purported to contain an abstract of Attwood's represen tations as to the value of this property—of its capacities for making iron, and the cost of making the iron—so as to enable the Company to ascertain the money value of the property, which they were about to purchase an expellee of somewhere near five hundred thousand pounds. It was to be ob served that Attwood at the commencement of these proceedings expressed his intention to deal only with P. and with J. Taylor. Now it was evident that Attwood fully acceded to the i proposal that the Company should have full opportunity for examining into the truth of the facts stated by him, and that their inquiries should not be confined merely to those repre sentations; but should be'extended to any depth of investiga tion they thought proper. And that Attwood faithfully per formed this part of his undertaking could admit of no 'doubt. It was proved that P. Taylor went down, and fully prosecuted the i nvest i gation into all the circumstances connected with the Property in question.—[One of the Noble Lords present here observed that Edward's evidence was rejeetedl. It was quite true that Edward's evidence was left out, but it was received de bene ease ; and was only to be shut out in case he Os proved to be a co- conspirator. B u t i n f a ct he (Lord B. ) did not at all form his judgment on the evidence of Edwards, but it was Proved from the evidence of the Directors themselves that the Learned Lord entered at some length into the evidence this point. H o p rocee d e d t o observ e that to war d s M e ac en d of 1824 a g l o o m be ga n t o ove rs p rea d the M one y k et, and owing to the Bank having contracted its every species of shares were greatly depreciated. Their eyes being opened—being more alive to their own affairs probably because of the state of the commercial world to which he had before referred—they determine to go down themselves. Not content with the representations of Mr. Attwood himself, they determine to send down their own agents, and accordingly they send down Philip Taylor, Har rison, Brunton, and others—but being more awake to the mat ter, they determine not to trust to the representations of their own agents, they send down a deputation of the directors, and accordingly Small, Donaldson, and others, go down to not only the house of Mr. Attwood but to his books, to which they have every facility of access. They appeared satisfied, and returned home, but probably because of the increased em barrassment in commercial affairs, they show that they are still more alive and awake to the matter by returning to Phillip Taylor the P. T. Papers, desiring him to re-examine as to certain matters, and they accom panied thew with the D., or deputation papers; they are no longer satisfied with the P. T. and D. papers ; they re - committed them, as it were, to Phillip Taylor, and they sent down also a list of queries as to certain sums and quantities. That clearly showed they entered upon the en quiry in a business-like manner—it showed that they had studied an d compared the statements of Mr. Attwood and Phillip Taylor —it showed that they considered themselves fast, and that they had an intention of making themselves loose if possible. They refused to enter into the contract upon the simple statement of Mr. Attwood, and send down their depu tion ; not satisfied with the representations of their own agents, not wishing to incur the imputation of being as Mr. Attwood was represented to be, a simple, easy sort of man, who saw with the eyes of others, they determined to see with their own eyes, and that was a ve r y mat er i a l p ar t o f th e case. He did not mean to say that in no case under such circumstances, no action for damages would lie, or relief in equity be granted ; but he would say that it was as clear as possible that the fraud must be proved in the most clear man ner. It would require a very strong, in fact a day-light case, to gibe a claim to an action for damages on a bill of relief in equity. What, then, was the result of all these inquiries ? that was a most important question in the case—they must look at the result of these inquiries in order to see how the case stood. He would first call their attention to the letter of Phillip Taylor, of the date of the 12th October, that was, after he had been down on the property for a fortnight ; he then said to his principals that he saw no reason for their being dissatisfied with their bargain ; the facts which had come to his knowledge proved that the statements made by Mr. Attwood were correct ; that the sum paid for the Corngrcaves property was large, but be would have no diffi culty in showing that for smaller properties larger sums in proportion had been paid ; and after having been five weeks there he further said he had been constantly examining the booki of Mr. Attwood, and comparing them with the statement, and he found that the data given by that gentleman was more fa vourable to the buyer than the seller—meaning that the state ment gave a larger expense for making a ton of pig iron than the average shown by the books. That did not show any de ception or fraud on the part of Mr. Attwood. In the repre aentation given in by Mr. Attwood for the 6 years the pro. Perty had been in his possession, the quantity of ore required fora ton of iron was given at three ton two cwt., while the hooks showed that in the time of John and Mathias Attwood the quantity was two tons sixteen hundred—that was upon a nine years average. There was a misrepresentation upon the part of Mr. Attwood, but it was a misrepresentation against himself, and in favour of the buyer. So, again, in the article of coals there V as a misrepresentation against himself of two cwt., and in the lime which was required for the making a ton of pig iron there was even a much greater mis representation, fur Mr. Attwood gave the quantity at 1,8201b5., while the books showed an average of only 1,3001b5. That was not only Phillip Taylor's report to his employer on which the plaintiffs were to determine whether they would be bound by the acquiescence they had given to the contract, but it was a fact in the cause. Phillip Taylor was not the only person who made that report, but Phillip Brunton, was also selected by the Company, and Phillip Brunton stated that he had no hesitation in giving it as his opinion that with a suffi cient capital, vigorously and properly applied, an ample return for the 550,000/. paid for tho property might be produced, This Was after the fall in shares, and when he knew his employers were sifting and scrutinising with eagle-eyes the whole concern. But the Company did not rest upon the statement of Brunton. A deputation went and looked into the matter with their own eyes. They went to Corngreaves and Dudley wood, had access to t h e m i nes, b ooks, &c., they had the depu tation Papers prepared for them, and they themselves made their report dated 3d November, 1825. Small, Donaldson, and Lealey, in accordaneo with the resolutions of the Direc tors, proceeded to Corngreaves, with Mr. Brunton and others, and with every diligence and attention examined the books ; there were no books held back, and they stated that they came to the conclusion that after a comparison with the papers, and the calculations on which the negotiation was originally founded —that was the P. T. paper—they were of opi nion Mr. Attwood had substantially redeemed the pledge he had given of proving that the information on which th e Directors concluded their contract with him was correct and w ell-founded. If it could be shown those accounts were false accounts, then he admitted away went tho evidence of Mr. Brunton. But a great deal more of the evidence would also go away with it. At a meeting, in which Mr. Small was in the Ch a i r, representing the Company, the Directors agreed to be bound by the result of the inquiries of the deputation on the spot. He had hoard of time being the essence of a con tract, but he thought in this case time became very much the essence of an attempt to dissolve the contract. There was no objection made by Mr. Small to the deputation report—no melius inquirandem talked of—no dissatisfaction or doubt or hesitation on the part of any of the Directors, hut. they agreed to pay the 550,000/. in consequence of being satisfied that the facts upon inquiry bore out the statement reduced into writing in the P. T. Paper. They continued satisfied, at all events, down to January, 1826. Shears, in a letter to Foster, stated that they bad received a satisfactory report from all their own people, not only from those on the spot, but from those who had been sent to Pontypool—that was in January. That sa tisfaction continued till April, and yet these gentlemen, who, when it suited their purpose, endeavoured to pick boles in the statement of the P. T. papers—who, when it was for their interest, shook themselves loose of the contract—who, when they were minded, endeavoured to get rid of the obliga tion —were, notwithstanding all the inquiries they had made themselves and their agents—notwithstanding the expression of satisfaction at the result—endeavouring to get rid of the contract by retracing their steps, and saying it was all wrong —that the whole was a mistake—that the P. T. Paper was a fabrication—that they were wilfully deceived b y blr. Attwood. Yet, notwithstanding all this, as late as the 20th of April, within a month of the time when the bill was on the file, they wrote a letter to Mr. Foster, in which it was stated, should his opinion be as favourable on the benefit and comfort derivable from its being known would be very great, becaus e h e was no t in any way employed by the ,CO pang, except f or t h e purpose of giving an opinion. That was as much as to say if his opinion was un favourable he might keep it to himself, but if his opi nion was favour a bl e it wou ld b e a g reat comfort to have it k nown. And yet within four weeks of this extraordinary transaction a bill was put on the file to set aside the contract, on the express ground that the whole was a fraud from begin ning to en d— t h at T ay l or h a d b een d ece i ve d w h en he made !"e in Small, Healey, and Donaldson, bad been d ece ived—that the wh o l e was a fabrication from beginning to ndl He (Lord B.) did not say it was absolutely impossible ctich a case could occur, but it was necessary it should be as clear as noon day in order to enable a party either from recover d amages at l aw or t o o bt a i n re lief 4.(1.1 his contract. One mode resorted to fox coming to this conclusion, was that which would strike at the credit of Philip Taylor, and to which he came next. It was said there was a i ' e r7 suspicio us connex i on b e t wee n Philip Taylor and Mr. Attwood, whi c h not only took away the weight of his testimony but whi c h took away from him all character and credit, because it entitled the plaintiff to make him a defendant as a conspira tor Kith n laid Attwood. He perfectly agreed with the doctrine down by hi s Noble and Learned Friend on the Woolsack, 4 ," the rem ar k s h e had made respec ti ng th e ma ki ng a party t a h a_e , endant f or t h e purpose o f d epr i v i n g the real d e f en d an t o f 'rst l' ebenefit o f t h e testimony o f t h at par t y . W e ll th en , i n t h e th first i e, t was said Mr. Attwood gave up the furniture of cos ttake h avin been 4,0t0001., and that p Taylor was to r it by a bill at s 0 many months renewable. He ( Lord B.) did not set great store upon that transac tion—he was the natural person to take the furniture Mr. Attwood was going out and Mr. Philip Taylor was com ing in, therefore the convenience of Mr. Attwood, as well as the convenience of Philip Taylor and the Company was that some such circumstance as that should take place. Then the next was the loan of 6,000/. Lord WYNFORD-12,0001. Lord BROUGHAM—No, no. Now you only heard the case facts of this case. If I know any thing in this world it is the facts of this case—l heard a great deal of it for 17 days, and I heard for about five days; and do give me eredit for knowing the a great deal more than I wish to hear again.—( Laughter.) My Noble and Learned Friend mentioned 12,0001., but that was made up of the 4,0001. for the furniture, the 6,0., 00/ the loan, and then there was the 2,0001. He was required to find the money to meet that call, but he said that he had it not ; what, then, was the course that he was bound to adopt ? why he was reduced to the necessity of trying to sell the shares. Mr. Attwood said, " No, don't do that, I will send you the money." And why did he do so ? Why, because he knew that an injury to the Company was an njury to him, for he had all at stake—no less a sum than ieeo,ooo/. He knew that such a proceeding as selling the shares would be fatal to the Company, and it was very natural for Mr. Attwood to suppose, that if such was the case the Company might go from their bargain with him. Could there, there fore, be any doubt that Mr. Attwood was justified in lending Taylor the money ? in his (Lord Brougham's) opinion he would have been very foolish if he had not done so. Look ing at all the circumstances of the case, he could not but kelp thinking that the whole transaction was totally devoid of collusion or blame on the part of Philip Taylor or Mr. Attwood. Here the Noble and Learned Lord read several letters that had passed between the parties, and observed that there could be no doubt from them that Mr. Attwood was not a man who was in the habit of granting loans without consideration. The case put by his Noble and Learned Friend (Lord Lynd hurst) was not that Attwood lent Taylor 12,0001., but that he gave him that sum to induce him to do certain things—to look with certain eyes—to close them when the lodes were bad—to open them where the lodes were good—to run over the books glibly aad unscrutinisingly where they would not bear examination, and to search them with ostentatious care where they were correct and bona fide. He ( Lord B.) ventured to predict that many, who were led away by tke eloquent and able speech of his Noble and Learned Friend, would suppose that this money was lent before Taylor made his report of the 12th of October, and his still more ample report of the 30th of October. He ( Lord Brougham) ventured to predict that such was the opinion of many, but the fact was quite the re verse. Every farthing of the 12,0001. was advanced after all those reports. After Taylor had gone to Corngreaees ; after he had inspected the works at Dudley Wood ; after ho had examined the books; after he had made his report. Now he (Lord Brougham) thought there was enough to acquit Taylor, that the reports were made and acted upon in October, and the money was not lent for months after, namely, in January and February. He thought that was of itself sufficient to put Taylor out of the case. The allegation against the report was, that Taylor was in league with Att wood, and that his statement was the statement of Attwood, teovebetfhaing which wa false. Now, the known to eamended distinctly Bill whch tie pleaded latt er knewth at everything Att wood was knowntoPhilTipheTaßylilolr.w a Why, sdi un that of as f quitted Philip Taylor. affected him. There could be no objection to that part of the decree. In point of fact, Taylor was a eo•plaintiff, and his co plaintiffs pleaded that Attwood concealed the truth from them, and upon that statement they applied to be relieved, but they also pleaded that Taylor, their co-plaintiff, who represented them, knew every thing that Attwood knew. He (Lord Brougham) had thought it his duty, in justice to a respectable man, and in justice to the case, to examine every part of Tay lor's conduct, and to see if even after he had received the accommodation he was influenced by Mr. Attwood's kindness to become his tool, and to assist him in fraudulent misrepre sentation. A man who would be so bribed—who would sell himself for twelve thousand pounds—would not be de serving of much faith for what be had done be fore—and, althougsh it would be rather a violent course of proceeding to establish a kind of backward relation of the loan with his previous conduct in making his reports, yet he (Lord B.) could see that such an argument might be used. But he asked their Lordships to look to Philip Taylor's conduct afterward. He said of himself afterwards, in a letter upon the subject of the differences between the Company and the defendant, " I must do my duty, although 1 should make Mr. Attwood my enemy." Now he (Lord B.) found that the man did do his duty, and that the 12,0001. never did make him swerve from being the creature .of the Company, even though he did make Mr. Attwood his enemy. On the 16th of February he wrote to the Directors, saying, " We shall have large claims on Attwood for repairs," and afterwards when the Company were in great embarrassments for money, owing to the difficulties of the times, and their having several other establishments on their hands at Pontypool and other places, they were most anxious that Taylor should gain time from Attwood. In reply to their letter, Taylor said, " I have little doubt I will carry the point with Attwood." Now that letter was written with great anxiety from hour to hour whilst he was waiting for Attwood, and he (Taylor) had concluded with a postscript, that " Mr. Attwood had come in, and that he would succeed with bim." Again in a letter of the 23d of February, Taylor said, " I have talked long and seriously to Mr. Attwood on the subject of time, and I believe he will concede pleasantly." The Di reefers then wrote to him, that they were well satisfied with what he had done. But in April they were in another posi tion. They could not get the time from Attwood, and they sought, therefore, to get rid of the whole contract. And with which of the two parties did Taylor take part ? Was it with the party which gave him accommodation ? No, with his co plaintiffs—and he made Mr. Attwood his enemy. When it was alleged that there had been misrepresentation on the part of Attwood, Taylor wrote to the Directors not to allow Edwards, who was the creature of Att wood, to remain at the works, and at the same time he asked the Directors in what way they wished bins to regu late his personal conduct towards Attwood. But he still expressed a wish that they might not come to extremities— that is, to a bill in Equity. But when they came to that ex tremity, Taylor said, " I have been hunting up evidence for you, and I find that Attwood has as much reason to fear Ed wards as any man has to fear the Devil ; but although you dismissed him from this place, it is politic to employ him else where, as he may be of use to you for your bill." Thus it was clear, that neither in making his reports before he received the loan, nor in his subsequent conduct,hadTa3lor been influenced by the loan to sacrifice his duty to the Company for Attwood's in terest. But was that all ? The bill had been dismissed agansf Tay lor, which could not have been the case if he was a conspirator; but, moreover, the Directors passed a resolution honourably acquitting him of all the charges against him, and that bears date on the very eve of the commencement of the Exchequer suit. The result of his full examination of all the evidence rslative to Philip Taylor led him to believe that the charges were all false—that the Directors were justified in the vote they had come to honourably acquitting him—that the Court was justified in dismissing the Bill, and that nothing aimed at him save some such matters as the testimony of the witness Best, to which, as he was the principal evidence of what Passed at Corngreaves, he (Lord Brougham) thought it right to say something. Best, it appeared, swore that when they went down again in spring (they having been there pre viously in October), evidently for the purpose of hunting up evidence to get rid of the contract—at that time, according to the swearing of Best, in answer to this question, " What will you do with them when they come ?" replied, " Oh, never fear what I will do—l will bow them out of the room, and send them away as wise as they came." He found that his Noble and Learned Friend who gave judgment below gave no credit to that part of the testimony of Best, and he ( Lord Brougham) was surprised that he had given credit to any part of it. It was impossible such testimony could have been given by a witness of truth—the answer was quite irreconcila ble with the circumstances of the case, the nature of things, and the state of the Company. He thus found Philip Taylor relieved under the five heads he had already mentioned—lode, furniture, advance to pay shares, date, which was the most ma terial of all, and lastly, his conduct after the advance of money he stood acquitted. He then stood acquitted by the dismissal of the Bill, and last of all, by the resolution of the Directors, honourably acquitting him. How then did the whole case stand with reference to the meridian line in principle, which he had stated, was the reference to all facts. The parties had agreed to purchase, on the representatian of the seller, as to the value of the property—that the agreement was not to be binding unless upon one condition, that they should have full access to the works and the books to verify his statements. That access was granted—they sent their agent down, and Philip Taylor, who had been so clearly acquitted of every charge, was there for eight weeks, and reported over and over again to the Directors in favour of the correctness of the ori ginal estimate. Not satisfied with that, they sent down Mr. Brunton, Mr. Foster, and then a deputation, by whom -paper after paper had been prepared for their examination, and on the 3d of November they wrote that remarkable resolution to the Directors that the statements of Mr. Attwood had been fully borne out by the examination. Whereupon after striking off 50,0001. of the sum of 600,0001. originally demanded, the contract was executed. That being the state of the case, was there ever known an instance in which under such circumstances the contract had been set aside under the pretence that it had been originally made upon false representations ? Still he would not say that even in such twhoevyehy froman c ni a ge s n e op t ra h ar e nt y r e e ,o a m onf i d g m h s t i pn n ri ne o ag t d be such a web of falsehood concernsarouud ( t N h i e r. o A th t e t r tn , o a d s b e t n a g t an iron master, and they not) or from his greater cunning, or from having a greater number of agents, or his having the books in his possession, some of which he might select, and others keep back, or from his mixing up estimates and statements—from all these things together, he would not take upon himself to say that in some conceivable though difficult and rare, and hardly possible circumstances, such a case might not occur as would induce that Court to interfere. B ut he must say, as he had stated at the outset, that he had never heard of such a case— that if it did occur, it must be perfectly clear, and with out the shadow of a doubt ; as for instance, when books had been proved to have been kept back—when fabri cated accounts had been brought forward to give the affair a false colouring ; as, for instance, when falsehoods had been told, and had been proved to be false, and false to the knowledge of the person making them, for that also was ma terial. The contract was not the result of any statement made by Mr. Attwood, but the result of several conversations, none of which had been reduced to writing at the time. Another point which, in his mind, was very material, although it had not been sufficiently dwelt upon, was the conduct of Mr. Att wood with respect to that paper. That was the composition of Philip Taylor, and there was not a tittle of evi dence to show that it had been shown to Mr. Attwood at the time it was written. They should have shown it to him and . asked him was that a correct statement of the concern? Sup pose Mr. Attwood had been disposed to act dishonestly, he must have known that he had told a falsehood to Philip Taylor, which had been reduced to writing, and which•was the ground work of the contract, and that he would be afterwards reproached vita it. Mr. Attwood might, if he intended to act falsely, have easily said "the P. T. papers are not correct, I am not bound by them." There was one material point, for instance, in these papers, stating the price of iron -stone, particularly Wolver hampton iron-stone, at I Is. 4d., that included what was called the "dead work :" how easy was it for Mr. Attwood to have said that in this calculation the dead work was or was not in cluded, just as suited his purpose. No such thing. He at once adopted the paper, he offers to throw open his hooks, and does throw open his books, for the purpose of verifying the statements that paper contained. He (Lord Brougham) must say this looked very much like the proceeding of an ho nest man. A question arose as to whether the calculation s the paper contained were estimates, or statements, of ex penses. He ( Lord B.) thought they could not be considered as statements of the actual expenses—(the furnaces, for in stance, of which they spoke, were not then in existence) —but as estimates of what would be the probable ex penses of the iron works, &c. With respect to the D. papers, Harrison's evidence went distinctly to prove that they were to be taken as estimates, not statements. But then it was said, and justly, that if the data on which all these calculations were founded were false—and if Mr. Att wood knew them to be false—he might be charged with de ception. And it was contended that this was in fact the case. The most important allegation on this point was, that Mr. Attwood bad suppressed certain of the books. It was con tended that this was proved from the fact that in some of the papers books were referred to—and that the books to which these references were made, were witheld. Now it was necessary to enter into this point ; though he (Lord B.) had alreadyldetained their Lordships and the parties too long__ necessarily, however, from the nature of the case. The first complaint was the suppression of the iron ledger, and it con tained the names of Palmer, Corrie, and others. When the book was looked at, they turned out to be perfectly imma terial to the cause—as much so, as if it was a song-book. Philip Taylor had access to all the books, and he said that the books only shewed the customers of the Company, and told that such a one had bought so much iron—certainly such a book was of no importance to the cause. The third sort of books which were said to be suppressed were the bankers' books ; the production of these books would not tend to throw one single ray of light upon the dark points of the case. The manner in which it was sworn that books concerning the bu siness and concerns of Mr. Attwood had been suppressed, was very loose. Wilkinson and Dangerfield both swore that certain books and papers were in existence, but they care fully abtained from saying that they were at all necessary for the elucidation of the case. The next papers charged with being suppressed were the stock papers ; but there was no evidence to show that Mr. Attwood knew anything of them. It was said that there were stock papers in existence and that they were kept back. That was a direct charge of fraud—a charge of keeping back books which would prove the untruth of Mr. Attwood. These charges were general, and were put in by rote in every Bill in Equity. There was, however, much to complain of—in the Bill there was not a word charged with respect to the suppres sion of the stock papers. The defendant's attention ought to have been called to that fact. After the bill had been filed, the solicitor to the Company, writing to Mr. Att wood or his solicitor, distinctly stated that stock papers had been in existence—that showed that their attention had been called to the matter, yet in the amended bill there was not ono word said respecting the Stock Papers. The defendant ha i a right to complain of this ; he was thereby refused the oppor tunity of explaining the matter or of defending himself. There was a charge of general fraud against Mr. Attwood while the deputation was down—Edwards was charged with having come out and said, " I have passed through my ordeal, it will be your's next." Again, on corning out, he was charged with saying, " The d—d old fools," &c. Mr. Attwood was charged, and it would be material if proved, with ordering him to go in and say, if they did not complete the contract he had some one else who would pay down the money. None of these charges appeared in the Bill, and therefore Mr. Attwood was prevented from doing, as probably he could do, give an innocent meaning to the expressions. What had been said on this subject, by Judges in Courts of Equity? In a case in 6 Vesey, 374, Lord Eldon said the Bill ought, with a reasonable certainty, to put in issue the allegation of fraud or misconduct, on which it was in tended by the party to rely. Chief Baron Alexander, in Hall and Maltby, 6 Price, said it was too much for a defendant to be overpowered by evi lence of which he had no idea from the statements in the Bill, would be brought forward at the hearing, and which, if he had been aware of he might be able to explain. Those cases strictly applied to the present. The facts were carefully excluded from the bill in this case. This lead him to notice what had been stated by his Noble and Learned Friend that Mr. Attwood did not exhibit interrogatories on the points to sows) persons, particularly Best, James, and Edwards. Lord Lymnnußsr—Not Best. Lord BROCGITAM—WeII, James and Edwards. But there had been no matter put in issue which enabled Mr. Attwood to exhibit those interrogatories. Ile ( Lord Brougham) had now gone through the alleged suppression of books and stock papers, and he had shown there was not a tittle of evidence bringing home to Mr. Attwood the knowledge of any one book or stock paper having been suppressed. Ho would now go to all that remained, whether there was a positive misstatement, and upon that he had now to remind their Lordships, in the first place, of the fair con duct which he had shown was pursued by Mr. Attwood in re spect to the P. T. papers. The average of nine years was not 3 tons and 18cwt., but 2 tons ani 1 6cwt. Their Lordships would also bear in mind the observation he made on a former part of the case, of Mr. Attwood's being accustomed to look very little into the exact amount of profits, not even to look sharply to see whether he was imposed on. But their Lordships would also find that after having been in possession so long, the Company themselves could nit produce their yields—after all their better means of knowledge when they had their atten tion called to it—in the end it was all as much a matter of calculation and supposition as any of the P. T. papers All this was very much in favour of the accuracy of Mr. Att wood, but repelled the accusation of any fraudulent design. Then there was a good deal said about the experiments, and here he could not avoid mentioning what he had abstained from doing before, thinking it might be invi dious to notice it on another part of the case. That was made a subject matter of indictment. While the bill in equity was filed and going on it was deemed more expe dient for the plaintiffs in equity to become prosecutors at law, and accordingly they framed an indictment for perjury in the answer—on the ground that there was a fault in the mine concealed from the purchaser and, second ly, that there were experiments alleged to have been made which were not made. After a trial of two days, in which he (Lord Brougham) was counsel, in the King's Bench, Mr. Attwood was acquitted of all those charges. After that much could not be said on the faults of the mines, or of the experiments. Then he came, last of all, to that on which he had already commented, whether or not that representation re specting the Wolverhampton iron was a wilful misrepresen tation, inasmuch as they had given evidence that it was 151, instead of 114 and 114. He had examined this with great care, and had come to the same conclusion which his Noble and Learned Friend on the Woolsack had come. The ground upon which he came to that conclusion was, that Mr. Attwood, instead of denying, adopted the T. P. paper. The next was, that the pay-books were open to Philip Tay lor, to John Harrison, and the three Directors who went down to Corngreas es, the inspection of which would have detected any misrepresentation. The third and last ground was, that it did not appear probable to him that the dead weight had bet n included. He had now gone through the various points which were involved in the case, and it only remained for him, before he concluded, to advert to one or two particulars, not distinctly bearing upon the case, but as they tended to bear on the judgment they might be adverted to. First, with respect to the fault in the mine—there could be no doubt if the parties had done their duty that might have been disco vered long ago. Then with respect to the experiments— if they had been properly made, any fault that might have existed would have been detected. Then as to the loans—they were made long after the evidence of Philip Tay lor had been given. He had now gone through the whole facts of this long and very laborious case ; he had done so because he stood in the peculiar situation of not having heard the whole of the case—but having read the whole of the evi dence, and all the arguments, he had come to the opinion he had done without the least doubt. He felt that his opinion was attended with more weight than it deserved, but standing in the situation he did, ho felt bound to employ his time, hour after hour, arid night after night, in order to see on which side the justice of the case was. After having done so, stripping the question of all declamatory matter of all surmise and suspicion, endeavouring to press throug h the vagueness that surrounded the case, and endeavouring to get at the principles of the ca se , ho had come to the conclu sion, that the course adopted by Mr. Attwood was with ou complaint, and could not be quarrelled w ith, looking at the dif ferent circumstances that h a d t a k en pl ace . The parties were not satisfied with th e course p ursue d by the deputation . They even instituted a fresh inquiry, and sent down another agent, Mr. Foster, who reported in favour of Mr. Attwood's representations. Such being the facts, -(said the Noble and Learned Lord) even though no observation arose as to the delay in filing this Bill, I ask myself this question—which it, the cardinal point on which my judgment must hinge—ha' , this party a right to be freed from the contract by the interfe rence of a Court of E q uity ? l am b oun d to say No ; and I am bound, therefore, to give my opinion to your Lordships that the case of the plaintiff has failed, and I am of opinion that the judgment of the Court below ought to be reversed. Lord WYNFORD had heard an illustrious Counsel four days, in support of the appeal, and when that Counsel failed to shake the perspicuous judgment of his Noble and Learned Friend (Lord Lyndhurst), he was of opinion that that judg ment never could be shaken. He did not think that the House could decide without further assistance, and although he shouhl move that an issue be directed, yet, if he was to decide upon the case as it then stood, he should vote in favour of the judgment of his Noble and Learned Friend behind him. In his opinion, fraud could not be more distinctly imputed to Mr. Attwood than it was in the charging part of the Bill. II parties were induced to enter into a contract by false and fraudulent representation, that appeared to him to be a suffi cient ground for a Court of Equity setting the contract aside. If the party purchasing was not satisfied with the representa tions of the vendor, but investigated the matter himself, and if he had been prevented from making that full inquiry which was necessary to establish the truth of the representations made—in such case their Lordships could have no doubt of the power of a Court of Equity to interfere, and set that contract aside. No one could doubt that THE SUN, LONDON, MONDAY, MARCH 26, 183,9. the present case was one in which it was the peculiar pro vice of a jury to decide upon, more espcially where such a mass of contradictory evidence had been laid before them. He believed the only objection to the case being submitted to a jury was its great length ; but it appeared to him that that was the great objection even in that House, and he was satis fied, from his experience, that the four days during which he ( Lord Wynferd) had attended would have amply sufficed, instead of the forty or fifty days spent, and that a jury would come to a satisfactery decision in two days.— Mr. Attwood had stated the mines produced 90,000/. a year, whereas they never produced near that amount. This showed the quo animo by which Mr. Attwood had been influenced, throughout these transactions. Mr. Attwood represented the expense of making the iron as 4/. Its. per ton ; when in fact it was 5/. is.—making a difference per ton of 165., and a total amount of 18,0001. per annum. Did Mr. Attwood wilfully make this misrepresentation ? This was a question which a Juiy would he especially qualified to decide. He (Lord WT.) thought there was considerable ground for suspicion on the evidence that Mr. Attwood had been endeavouring to w'thhold from the deputation data which might have exhibited the misrepresentation. Now with regard, for instance, to the quantity of iron pro duced, it was proved that there were some papers withheld. . It was utterly impossible that in such a concern as this there should not have been some accounts varying with the prices of the articles produced at different periods ; and it was in evidence that such papers did exist, but they were not produced. The P. T. papers stated that 360 tons of iron were produced per week ; also that there were six furnaces on one particular part of the estate, which in fact did not exist, but he ( Lord W.) was ready to admit this was rather in the way of estimate than actual statement. No man in his senses would take a hypothetical statement from a man who had a practical knowledge of all the mat ters of which he was treating. He stated that 360 tons were made every week, which was a gross misrepresentation—it was impossible but Mr. Attwood must hare known that it was so. It appeared to him that there were two gross misrepresenta tions, and as was not unfrequently the case in issues, he would like to see Mr. Attwood in the witness-box, not for examina tion in chief, but for cross examination, and to be contradicted, if necessary. He would like to hear what explanation he would give of the two misrepresentations which he had alluded to. He should like to know how Mr. Attwood would account for the extraordinary circumstance of the property which had produced 90,0001. a year, according to his statement, produced now only 6,000/. or 8,0001. Then there were certain other points relative to parties having been improperly made defendants, on which: he would merely observe that it would be very desirable they should be examined. It would be desirable that Mr. Phillip Taylor should be examined who could throw much more light upon this subject than had hitherto been thrown upon it. He was one of those who thought the case had not been half tried, and until it was fully tried he was satisfied they would never arrive at the truth, which was the first step towards a just decision. The length of time that had already been occupied upon this case, instead of tending to elucidate the truth had only tended to perplex the mind of the Judge, if any thing could perplex so luminous and enlightened a mind as that possessed by his Noble and Learned Friend near him (Lord Lyndhurst.) He was satisfied that a just judgment could not be pronounced until a full examination into the points he had submitted to their Lord ships had taken place. He would therefore move that the judgment in this case be adjourned till an issue should have been tried. The Earl of DEVON thought that the motion of the Noble Lord ought to be brought forward as a substantive motion. The Loan. CHANCELLOR thought that the proper time for his Noble Friend to make his motion would be after he had moved that their Lordships should dismiss the Bill with costs. Lord BROUGHAM said that the judgment, as it at present stood, must be got rid of before the Noble Lord could make his motion. The 140 ED CHANCELLOR then put the question to the House, whether the judgment appealed from should be reversed, and declared it to be carried in the affirmative. Lord WYNFORD then made his motion—That the judgment should be adjourned till an issue had been tried. Lord BROUGHAM said, if the Noble Lord persevered in that motion, he should meet it by an amendmen*, that the House should now adjourn. He could assure his Noble Friend that the issue that he proposed could not be tried. The LORD CHANCELLOR was convinced that it was impossible to frame an issue properly to meet the justice of the case ; but independent of that he apprehended that the present was not a case in which an issue could be directed. It was not a matter of course with a Court of Equity to direct an issue ; it only did so when it had a case before it, which it could not satisfactorily decide without. The plaintiff had deprived his opponent of two of his principal witnesses, by making them co-defendants, and even then he had failed to make out his case. If the record could not be sustained under such circumstances, and with such an advantage, he (the Lord Chancellor) thought that this was a case in which an issue ought not to be directed. His Noble and Learned Friend (Lord Wynford) had referred to a part of the case which was also referred to by his Noble and Learned Friend who tried the case in the Court below, and both the Noble Lords, after observing on the question of the Yields and the Stock Books, said, that he (the Lord Chancellor) had not adverted to that part of the case, although it was important, and now he was only anxious to state to their Lordships why he did not ad vert to it. The proposition was raised from this fact that they imputed fraud to Mr. Attwood, because, when the depu tation went down, be produced the books of 1818, and said that none were kept subsequently. The allegation was, than although that was true, yet there were stock books, which would show the yields were different and less valuable after the year 1818, and that Mr. Attwood fraudulently withheld the information. Rut it was quite clear, according to the rules of Courts of Equity, that proof could not be admitted of an allegation not set forth in the Bill. The Noble and Learned Lord ( Wynford) adverted to this as a question to be tried by a jury. But feeling as he (the Lord Chancellor) did, that the plaintiff had had every possible advantage for bringing his case before their Lordships, and that he had failed in making that case out—that the plaintiff had had the advantage of examining his witnesses, without per mitting to the defendant the same advantage-- and feel ing the utter impossibility pf framing this case, so that it might be tried by a jury—he was confident that their Lordships would not refer it back to a common law tribunal. Lord WYNFORD said a few words, which were inaudible in the gallery. Lord LYNDHURST said on the face of the bill, the plaintiff charged the defendant with having withheld the yield ac - counts. To this the defendant answered that there were no such accounts. Before the answer of Mr. Attwood to the amended Bill, he was told the very names of the witnesses who could prove the existence of these accounts, so that he could not say that he had been taken by surprise. And it was said that in a very short time these accounts could be made out. The Earl of DEVON said the only question which their Lord ships had to decide was whether, after they had come to a de cision, they were to send the case down to be tried by an issue. His Noble Friend behind him (Lord Wynford) had sug, gested two points upon which the opinion of a jury ought to be taken. Even if they were to be found in the way, his Noble Friend expected they would not in any degree alter the view of the question taken by the Noble Lord on the Woolsack himself, or his Noble and Learned Friend (Lord Brougham. ) There were at least a dozen other points which must be submit ted to a jury, and found otherwise than he could expect before his opinion would be altered in the slightest degree, considering ,al the circumstances of the case—that it had been fully argued at the bar, and that the House had fully made up its mind upon its judgment, he thought it ought not to be d e l aye d. Lord WYNFORD said a few words which were inaudible. Lord BROUGHAM having troubled their Lordships at °Teat length in stating his opinion, and the grounds on' which he had arrived at that opinion it would be unnecessary for him to say anything except that he agreed with his Noble Friend who spoke last, and his Noble Friend who spoke before, in thinking that no issue ought to be directed, and that there were materials enough already before their Lordships to enable them to come to a conclusion. He had always understood that a party was not to come into a court of equity, seeking to set aside a contract, and having failed in supporting his allegations, he was not to be allowed to mend his case, as it were, by having it sent to a Court of Law. It must be shown to the Court before which the party came for relief that he had a ground on which ho could stand. Neither party in any stage of the cause had ever suggested such a thing as an issue. The Loan CHANCELLOR then put the question from the Woolsack that the bill be dismissed with costs. Agreed to. We understand the costs amount to upwards of 150,0001. Mr. Sergeant WILDE applied for the payment out of Court of 44,0001. which had been ordered to be paid in. The LORD CHANCELLOR thought that was a matter for the consideration of the Court, and not of their Lordships' House. A SPOTTISWOOD CIIICKEN.—May we be per mitted to inquire of their reverences, the Tory clergy of Dur ham, whether the news is true that their friend Mr. Peter Borthwick, th e T ory Champ i on o f negro s l ave ry, has been kicked out of the House of Commons for bribery ? The report is very current—the printed votes of the House absolutely declaring it to be the fact, that his doom was pro nounced by a Tory Committee, with Sir Robert Peel at its head? THE WEATHER IN SCOTLAND.—Winter seems to be returning again in all its yiffour. On Th ursda y ni g ht, and with few interruptions yesterday, showers of snow and h a i l fell, accompanied with a cold north wind. The snow, how ever, melts as it f a ll s, t h oug h, we f e ar, that in the country. it may occ as i on some interruption to f arm i n g operations.—Edin burgh Courant. On Thursday Mr. George Heath, a young man who wes confined to his bed in the last stage of consumption, was left alone by his mother for a short time, when, during her temporary absence, he managed to hang himself to the bed-head, and was quite dead on her return.-11"11 paper. COAL MONOPOLY.—The Sun asks why there is such a great disparity in the prices of coals, according to the coal letter emanating from the Coal Exchange ? T he reason is obv ious. The coal merchants recommends their customers to buy th e b est coals, and the h i gher t h ese coa l s are quoted the bett er f or their purpose, as the i n f er i or coa l s a re mixed with them. The letter itself is a mere tissue of lies, and has been so ever sin ce it ce as e d to be published by authority. The coal merchants can have such prices inserted in it as pro mote the object i n vi ew . If the inhabitants of London wish to obta in cheap coals, and to continue manufacturing pursuits on the banks of the Thames, for which the locality is so well adapted, they must put down both the Coal Exchange and the Coal Letter, neither being now sanctioned by the Legislature. —Hull Advertiser. COURT CIRCULAR. Her Majesty and her august mother attended divine service yesterday morning in the Chapel Royal, St. James's. Her Majesty the Queen Dowager, and his Royal Highness the Duke of Cambridge, also attended the service. Tho readers were the Rev. Messrs. Pack and Povab. The sermon was preached by the Bishop of Norwich, from the 3d of Colossians and the 3d verse. Her Majesty was attended by the Countess of Durham, Miss Cavendish, Lord Byron, lion. Colonel Cavendish, and Sir Frederick Stovin. The Duchess of Kent was attended by Lady Mary Stopford, and the Queen Dowager by Lady Clin ton and Earl Howe. The Rev. Dr. Short was the Deputy Clerk of the Closet in waiting. Among the nobility present were the Duchess Dowager of Richmond, the Earls of Abingdon, Bandon, Devon, and Cla rendon, and the Bishop of Bath and Wells. Her Majesty and suite returned to the new Palace in three carriages. The Duke and Duchess of Cambridge visited the Queen yesterday. Her Majesty, accompanied by her Royal Highness the Duchess of Kent, honoured Sir Francis Chantrey with a visit on Saturday, to inspect the equestrian statue of Sir Thomas Munro. Her Majesty was attended by the Countess of Dur ham, Lord Byron, Hcnourable Colonel Cavendish, and Sir ' F. Stovin. Lady nary Stopford was in waiting on the Duchess of Kent. _ _ . Viscount Melbourne had an audience of her Majesty on Saturday. The Royal dinner party on Saturday included the Lord Chamberlain, Lord Lilford, the Comptroller of the House hold, Lady Mary Lambton, Colonel and Lady Catherine Har court. Her Majesty honoured Mr. Thomas Sully, a distinguished American artist, with a sitting on Thursday, for a full length portrait, intended for the St. George's Society of Phi ladelphia. Her Majesty the Queen Dowager attended Divine service yesterday afternoon, at the Chapel Royal, St. James's. The Duchess of Cambridge, Prince George, and the Princess Augusta of Cambridge, attended Divine service, yesterday morning, in Grosvenor Chapel, South Audley.street. The Duchess of Kent visited her Majesty the Queen Dowa ger on Saturday at Marlborough-house. The Duke and Duchess of Cambridge, and Prince George of Cambridge, honoured the Marquis and Marchioness of Salisbury with their company at dinner on Saturday. The Duke of Cambridge honoured the Dowager Countess of Dartmouth with his company at dinner yesterday. A Cabinet Council was held at half-past two o'clock on Saturday afternoon at the Foreign-office. It was attended by all the Ministers except Viscount Duncannon. The Council sat till past five o'clock. Lord Morpeth attended at the Foreign-office on Saturday diternoon. Mr. Gray (Chairman of the Committee), Messrs. Adams, Newman, Whitmarsh, and Crook, a deputation respecting the post-horse duty, had an interview with the Chancellor of the Exchequer on Saturday in Downing-street. Prince Esterhazy, the Austrian Ambassador ; Baron Bulow, the Prussian Minister ; and Mr. Stevenson, the American Minister, transacted business on Saturday at the Foreign-office. Mr. George Smith, late Receiver-General in Jamaica, and Mr. Collins, had interviews with Lord Gleneig on Saturday at the Colonial-office. A deputation, including Mr. Loch, Mr. Trail, Sir George Sinclair, and Mr. Rose, had an interview with the Chancellor of the Exchequer on Saturday. Dispatches from Canada were received yesterday at the Colonial-office. . - - The Chairman of Stamps and Taxes had an interview with the Chancellor of the Exchequer on Saturday. Viscount Melbourne had a dinner party on Saturday at his residence in South-street. The company included the Mar quisses of Breadalbane, K. T., and Queensbery ; Earls Cowper, Fingal', Huntingdon, and Arran ; Lords Faux, Strafford, and Dacre ; Colonels Salwey and Davies ; Captain Pechell, R.N. ; Messrs. P. Mildmay, H. Fleetwood, Guest, Bainbridge, Luke White, Motteux, and G. E. Anson. The Marquis of Lansdowne had a dinner party on Satur day at Lansdowne-house. UNIVERSITY INTELLIGENCE. OXFORD, MARCH 24.—There is a scholarship and two exhi bitions now vacant at Lincoln College, on Lord Crewe's foun dation, and will be filled up on the 26th instant. The scho larship is open as to place of birth, but the candidates for the exhibitions to be natives of the diocese of Durham, or in de fault of such those of some other places are eligible. Mr. Lingen, scholar of Trinity College, has been elected to the vacant scholarship on Dean Ireland's foundation, and Mr. G. W. Penny, student of Christ Church, has been elected to the mathematical scholarship. The Lord Bishop of Salisbury has instituted the Rev. G. E. Saunders, of Worcester College, to the rectory of Tarrant Hinton, Doi setshire. Mr. Charles Ward, of Brazenose College, has been ad mitted ad eundem of the Cambridge University. Sir John Mordaunt, Bart., has presented the Rev H. J. Barton, of Brazenose College, to the rectory of Wicken, Northamptonshire. The Rev. Dr. C. P. Burney, of Merton College, has been presented to the rectory of Sible Hedingham, Essex. On Tuesday last Mr. Edward Huntingford was admitted a probationary Fellow of New College. On Monday, April 2, and following days, there will be an examination previous to awarding the annual prize far the more diligent cultivation of Latin literature. Lord Selsey died on the 10th instant, at Florence. The Noble Baron was a Captain R.N. and F. R. S. ; he was in his 61st year, and married in 1817 , a , daughter of Lord Bos ton, by whom he has left no issue. His Lordship's brother, the Hon. and Rev. W. Peachey, succeeds to the Peerage. The Earl of Shaftesbury has presented the Rev. Wm. Gane, LL. 8., to the Rectory of Shaston St. Rumbold, alias Caun, in this county, void by the resignation of the Rev. George Wooi, A.M., rector of Dorchester Holy Trinity, &c. —Dorset Chronic'le. The Court Circular, it will have been observed, has of late bestowed but little of its notice upon the Duchess of Kent. This is owing, it is said to her Royal Highness being almost daily enga..erf at her apartments in Kensington Palace, in arranging with Sir John Conroy, the accounts of her late establishment. —Morning Herald. The Bengal papers state that the deposed King of Dude was about to take his departure, by the Duke of Bed ford, in order to appeal to the Privy Council here against the East India Company, by whom, as he contends, he bad been wrongfully dispossessed of his dominions. The Lord Chancellor has conferred upon the Rev. Mr. Gisborne the living of Cromar, in Derbyshire. The Rev. Gentleman is the brother of the late Member for Derbyshire, And has ever been distinguished for liberal principles and truly enlightened piety. Mr. Weale, of the office of her Majesty's Woods, died on Monday the 12th instant, at Dublin, having quitted London but a few days previously, to attend to proceedings then depending in one of the Irish Courts, and of some im portance to the interests of the Crown. Their Graces the Duke and Duchess of Somerset entertained the following company at dinner on Friday : The Marquis and Marchioness of Queensberry, Viscount Drumlanrig, Earl and Countess of Clarendon, Lord Glenelg, Mr. and Lady Elizabeth Bulteel, the Hon. Fox Maule and Mrs. Maule, Lady Davy, Lord Dudley Stuart, and Mr. Grant. We regret to announce the death of the Right Hon. Earl of Dalhousie, G. C. 8., who died yesterday at his scat, Dalhousie Castle. His Lordship has been long in a declining state of health.' He was a General in the army, Colonel of the 26th Foot, and Captain-General of the Royal Company of Archers, or Queen's Body Guard. He was also Governor of the Royal Bank. His Lordship was born in 1770, and was consequently in the 68th year of his age. He is succeeded by his son Lord Ramsay, M. P. for East Lothian, by whose elevation to the Peerage a vacancy is necessarily occasioned in the representation of that county.—Caledonian Mercury. The engagement of Mr. Charles Kean at Drury lane Theatre closes to-morrow week, but ho remains another night to play for the lessee's benefit, and then starts direct for Scotland. Lord Morpeth takes the chair at the dinner to be given to Mr. Kean on Friday. HOLLAND AND BELGIUM.—The journals and private letters from Holland and Belgium are filled with dis cussions and announcements upon the subject of the recogni tion of the twenty-four articles by the King of the Dutch. It is now feared, however, in well-informed circles, that King William will find h;mself too late in his reluctant acquiescence in the former terms of the treaty of separation ; for as so many years have been suffered to go over, through the foolish obstinacy of his Dutch Majesty, and Belgium has been so strengthened by the matrimonial alliance of the King with the daughter of the King of the French, that it is believed the 24 articles will in t u rn be rejected by the Belgic Court. It is to be obser ve d th a t no treaty has ever been in reality signed by either of the powers, and that the 24 articles were merely the proposition of the representatives of the great powers. In the matter of the national debt particularly, great difficulties are apprehended in attempting the final sepa ration of the two countries; for Holland, on the one hand, is about to attempt to place upon Belgium not only the 24,000,0001. agreed upon in 1831, but all the arrears of interest upon that amount, and which have since been paid by the Dutch ; and Belgium, on the contrary, will not only refuse to pay this additional sum in interest, but is expected to demand from the Dutch a large amount in compensation for extraordinary military expenses which have been incurred by the necessity of keeping herself in a state of preparation against the attempts of the Dutch, and caused by the obstinacy of King William in refusing to to sign the treaty in due time. Such are the present aspects of the ques tion ; and though it would probably be much in reality to the interest of Belgium to settle the question upon the former terms, and thus to get rid of the greater part of the annual expense of an army of 120,000 men, which that small country is now obliged to keep en foot; yet, knowing that Holland is now very much in: her power, and believing that it will be compelled by poverty to yield to almost any demand which may be made, it would not surpri se us if B e l g i um we re to take advantage of these circumstances. The population of Holland have, indeed, been reduced to a state of great misery by the oppressive taxation required for the support of the army and the payment of the int eres t u p on t h e na ti ona l d e bt, so that King William is by no means so•popular as! he once was with his subjects at home, and is becoming not willing only, but anxious, to settle the question with Belgium, —M. Chronicle. ITALIAN OPERA. Her Majesty's Theatre opened for the season on Saturt.laY night, with Bellini's Somnatnbula, in which Madame Persia:li made her first appearance as Amine. The house has been re. painted and otherwise beautified, and, filled as it was on this occasion, with as large an auditory as could be conveniently accommodated within its walls, made a most brilliant appear ance. If we may judge from this auspicious commencement the season promises to be a favourable one The opera itself must always be attractive, from its very beautiful music, and that music throughout was as correctly and finely pei formed as we ever recollect to have heard it; but there was also an additional attraction in the appearance for the first time this country of a lady whose abilities and attainments we thovght sufficient to enable her to make a successful debut in such a part as Amina. That she did make a successful debut we are willing to admit, and that she will become a very cen, siderable favourite in this country we will venture to antici pate ; but still she is not the sort of person to create a decided sensation in the musical world. Her reception was anything but enthusiastic, and the tranquil attention she received throughout the opera was rather that elicited by a person in whom the audience could find nothing diseleasing, than that of a triumphant debutante who was winning all hearts and carrying all before her. The figure of Madame Persiani is petite, and her face possessing no striking peculiarities ; her acting, though not distinguished by deep pathos or lively emotion, was throughout graceful and appro priate. Her voice is a soprano, of a beautiful qua lity of tone, but by no means powerful. It is how ever capable of great expression, and to make up for its deficiency in volume, singularly articulate and distinct. Although in every piece in which she sung her part was exe cuted in a way that left but little opportunity for remark fur the critic, unless very prone indeed to exercise an unkindly feeling, the audience admired in silence, or nearly se; till the well known air preceding the finale, which Madame Persiani gave in a most original style of execution, and vith an effect that drew down the most enthusiastic plaudits, and an unanimous call for its repetition. It was repeated, and again called for, and on each occasion greeted with, if possible, increased enthusiasm. The audience seemed to be completely entrapped; they had not expected such a chef d'ceuvre, and were literally conquered by a coup de main. Of the brilliancy and 'facility of execution on the upper notes of the voitx, and the extreme neatness and finish with which passages of extreme difficulty were executed, it is impossible to convey an idea. There were also in this Opera several other novelties intrcduced to .he public, but none of them particularly out of the common Signora Smo lenski, in Lisa, had so little to de, that eve had no opportu nity of forming an opinion as to her trierii,e. Signor Teti seems to be an acquisition. His style is good, and his voice well toned and expressive; but he is rather too c crpulent to enact the lover or the gentleman. Signor Borran2. as the bills call him, is said to be the son of an English pb ) - sician of Cheltenham, and has already been before the pub lic, although not under exactly the same name. fijs voice is a barritone, of a very good quality ; and hie style that of a well practised musician, who combines judg ment with skill. The orchestra we observed has been strengthened, as well as the chorus, with an evident improve ment in effect, of both departments. The performance of the overture of " William Tell," between the acts, w,:s superb, and obtained an unanimous encore. " God save the Queen," was also sung between the acts. The Italians seem to take a delight in murdering this fine anthem, for we never heard it much worse sung. The ballet was Nlrssaniello, in which the dancing was exquisite, and the chorusses, unlike those in the opera, sung in a most villanous, slovenly manner. Coulon, Mabille, and Venafra, old favorites of the public, appeared in the ballet, and were greeted with cordial marks of recognitions by the audience. A Miss Forster appeared in the part of Fe nella, for the first time, of whom we can only say, although we have seen the part better, we have more often seen it worse flayed. SUDBURY ELECTION. The Sudbury people are in luck, a second vacancy having occurred in that ia:maculate borough since the general election, by the death of General Barnes, which event took place early on Tuesday morning last. The gallant officer married the daughter of Walter Fawkes, Esq., formerly M. P. for York shire, and who, as our readers are aware, was a liberal Whig of the old school ; his son-in-law, for a long time, participated in his sentiments; but a military life is a bad school for en lightened politics, and as the General advanced in military rank, he became ranker as a Conservative. But Whig or Tory is of littl e h ee d t o th e S u db ur y f o lk s — t h e y look after principle of a very different kind ; though at the last election their market was sadly spoiled by " untowa-d events." Upon that occasion there were four candidates— the deceased General and General Hamilton on the Tory interest ; and Mr. Smith (the brother of their late Mem ber) and Mr. Turton were espoused by the Reform party. It soon became manifest that the triumph would be achieved by the longest pocket, and parties were formed to secure, through appointed agencies, the greatest price for the re spective votes. As much as a thousand pounds were asked for a hunch of ten electors, and as the contending parties were nicely balanced, the previous election having. only been won by a majority of two, there was every probability that the market would rise. To defeat this unholy alliance, an ar rangement was effected in the evening preceding the day of election, to the effect that one Tory and one Whig should re tire, and thus defeat the project of the Sudbury corrup tionists, General Hamilton being the Tory, and Mr. Turton the Whig, who were to take their leave. Thus far all was settled—and the late General Barnes and Mr. Smith ex pected to be elected and chaired without expense, and with much eclat. .Such a daring attack upon the rights of vested property was not likely to pass without sturdy resistance on behalf of those who would be seriously affected should it suc ceed. Notwithstanding every effort to conceal the arrange ment, it got wind, and at the peaceful hour of one in the morning the tocsin of alarm was sounded through all the streets and alleys of the borough of Sudbury. There was no instrument, however uncouth—there wes no yell, how ever hideous--no age, however old or young, of either sex, which were not brought into the field, and by the hour of eight, when the town hall was to be opened, the scene of up roar and burning indignation can scarcely be imag ned=ele scription is impossible. The first objects of popular indigna tion were those who had originated the contrivance, and . of deep anxiety as to the mode by which it could be defeated, which was at length determined and accomplished as follows : —The freemen of both parties—for in a matter of such solid interest, the narrow views of party were entirely discarded-- came to a resolution of demanding a poll on behalf of General Hamilton, and to give their votes for him, in co. junction with General Barnes ; and so resolute was the rush of the freemen to the poll, that every effort to check it by admonition and by money on behalf of the Reformers was totally unavailing. Mr. Smith, the Whig candidate, was in a melancholy minority, and though no money advantage was at the time ob tained by the combined forces of the political purists, yet it laid the foundation for eventual benefits, and proved a judicious outlay of capital in the just expecte :ion of a liberal return. As was to be expected, General Hamilton declined the honour of a seat only to be held by the violation of an arrangement to which he had been a party, and at the earliest moment a new writ was moved for the borough of Sudbury, upon which occasion Mr. Bailey (the son of the Member for Worcester) distanced Mr. Morrison (the ex-mem ber for Ipswich) by a large majority. Both candidates though men of great wealth, were still more prudent ; and with the exception of the discharge of some outstanding engagements due to the Bonifaces of the town, it is believed tlE,t the men of vested interests had too much reason to complain of a slug gish market. Another occasion has arisen, in which the in tegrity of this notorious borough will be again tested ; and now that it is declared that to give even a " snuff box," as the pre sumed consideration for a vote, exposes the parties giving and takiwg to the penalties of bribery, it is to be hoped that the electors in this town will assume the character of fi eemen in the only sense which can justify their right to the elective fran chise.— Weekly True Sun. MARCH OF THE GUARDS FOR PORTSMOUTH. This morning, at seven o'clock, the right wing of the second battalion of the Ist regiment of Grenadier Guards marched (consisting of 400 men and officers), under the command of Colonel Grant, from St. George's Barracks, Charing-cross, en route for Portsmouth, marching on the line of road through Epsom, where they will halt this evening. To-morrow morn ing, at seven o'clock, the left wing will march, amounting to the same number of men and officers. On Wednesday morn ing, at seven o'clock, the right wing of the Coldstream Guar: It will march (consisting of 400 men and officers) from Welling ton Barracks, St. James's Park, marching on the line of road through Hounslow to Winchester, where they will arrive on Wednesday evening and halt. On Thuriday morning theleft wing marches, consisting of the same number of men and offi cers. On Tuesday morning, the 10th of April, both battalions are to embark at Portsmouth, on board the Hastings, line-of battle ship, 74 guns, and immediately sail for Canada. The baggage of both battalions will proceed to Portsmouth, on board a steam-packet from Hungerford Market. The Ist battalion of Fusilier Guards will march into Wellington - Bar racks this day, en route from Bristol, whore they landed from Dublin. BRISTOL SUGAR-MA RICET, RCII 23.—Sugars are progressing downwards ; and, however desirous the im porters may be to get out of stock, there is no disposition amongst the buyers to relieve them, whilst a purchase is no sooner made, than it becomes dear. At the close of last yzar the deficiency in stock, compared with 1836, amounted to little short of 16,000 hlids., so serious has been the falling off in the demand, owing to the high prices, and the well grounded fear of a fall, that this deficiency now hardly reaches 1,300 (including Mauritius) and will, no (I.)uht, be soon converted into a large relative surplus.—Bristol Gazette. IRISH SAVAGES. —The iVale?fOrd Chronicle says that a number of sheep, with their heads cut off, were found lying, on Thursday morning, at Mullinab!o' demesne, near this city. The barbarous deed is supposed to hav been per petrated by some malicious miscreants not one hundred miles from Waterford. We understand that the Roman Catholic Chapel at Stonehouse is about to be rebuilt and enlarged. Miss Mary Earle, confectioner (1 Middksborowrh, was found dead in her bed on the morning of Thursday week. An inquest was held on Friday, awl a verdict returned of o Died by the effects of opium ; but by wiom we it d w ile il s s d :d y r a n n i- a nistcred there was no evi dence to show." We have experienced a sli g ht return of severe wea tThheru,rsdduarngy we t r h e e c p x a t s r t em w e e l e y k. cei T d h a e n n d igh fr t , s l e r sty f ; and yesterday morning the snow fell thickly for a short bI . time.—S a ts ury Herald.